If you are an immigrant working in California, you may feel like your rights and protections are limited or nonexistent compared to non-immigrant residents. However, there are state laws that outline your basic rights in the workplace. If you feel you are being mistreated at work, you do have the right to take legal action.
At Blackstone Law, we practice high-quality employment law, meaning we have significant experience and understanding of immigrant worker rights and protections. We have aided numerous clients in exercising their rights and taking action against unlawful behaviors from their employers, and we may be able to help you as well.
What Rights Do Immigrant Workers in California Have?
If you are an immigrant worker in California, you may be surprised to learn that you have many rights and protections, as outlined by a number of California laws. These laws protect your ability to be paid fairly for the work you have completed for your employer. California laws also dictate how much and in what ways you should be paid. This is roughly outlined below:
- Whether you are documented or undocumented in California, state laws state you should be paid wages for performed work.
- It is not permissible for your employer to question your immigration status, according to DLSE policies.
- You have the right to be paid minimum wage.
- If you work overtime, you have the right to be paid at least 1.5 times the minimum wage for this time.
- With few exceptions, you have the right to be paid twice each month at minimum, usually on designated paydays.
- You have the right to paystubs or other wage statements.
- Employers must pay you each time you report to work, even if they do not put you to work. If you are not put to work, you must be paid for at least half of your scheduled or usual shift.
- Your employer is required to pay you all wages within 72 hours of you quitting work voluntarily, or on the same day if you are fired.
In addition to rights and protections surrounding wages and how you receive them, you also have certain rights surrounding your work environment and other work conditions. These are also protected by California laws, and can be summarized as follows:
- You have the right to a ten-minute rest period for every four hours of work.
- You have the right to a meal period for every six hours of work
- Employers are required to provide a clean and designated rest area.
- If you are injured on the job, you must receive medical care. In this case, you also have the right to workers’ compensation.
- You have the right to file wage claims and retaliation complaints with the correct organizations.
If your rights have been violated, a lawyer may be able to help you hold your employer accountable for their unlawful actions.
How an Employment Lawyer Might Be Able to Help
If you feel you have been treated unlawfully by your employer, you may be able to take legal action. If you choose to hold your employer or workplace accountable, please consider hiring a qualified employment lawyer with experience in immigration rights to represent you. Your lawyer may be able to help in the following ways:
- Legal knowledge
- Negotiation skills
- Handling insurance companies and other legal representatives
- Leveling the playing field against employer lawyers
- Maximizing compensation
- Providing helpful resources
- Referring you to medical and other professionals
- Collecting and analyzing evidence
- Leading or joining investigations
- Contacting the necessary organizations
- Reducing stress
- Helping you return to a sense of normalcy
If you are planning on taking legal action, please refrain from representing yourself. Your lawyer is far more likely to accurately and favorably represent you and to help you reach a positive outcome.
Protect Your Rights With Blackstone Law Employment Lawyers in California
At Blackstone Law, we are committed to protecting employee rights and practicing high-quality employment law, including the rights and protections belonging to immigrant workers in California state. We are dedicated to supporting our clients and helping them make strategic decisions through every step of the legal process.
If you would like to discuss the details of your case and take advantage of our legal knowledge, skills, resources, and strategies, we are patiently waiting to hear from you. To get in touch with us and access employment law knowledge from an experienced attorney, please call (310) 956-4054 or complete our contact form at your earliest convenience.